Resolution 2007-339
RESOLUTION NO. 2007- 339
A RESOLUTION (INITIATING RESOLUTION) OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO PART II OF
CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAL SERVICE BOUNDARY
ACT) TO COMMENCE THE PROCESS FOR NEGOTIATING AN INTERLOCAL SERVICE
BOUNDARY AGREEMENT REGARDING 204.19 ACRES OF LAND, MORE OR LESS,
DESCRIBED HEREIN AS THE HOLE IN THE WALL GOLF CLUB, PROPOSED TO BE
ANNEXED INTO THE CITY OF NAPLES
WHEREAS, Florida's Interlocal Service Boundary Act (herein "the Act"), being Chapter 2006-
218, Laws of Florida, includes sections 171.20, 171.201, 171.202, 171.203, 171.204,
171.205, 171.206, 171.207, 171.208, 171.209, 171.21, 171.211 and 171.212, Florida
Statutes, approved by Governor Bush on June 14, 2006; and
WHEREAS, the Act's principal goals, as stated in the Act's section 171.201, are to
encourage local governments to jointly determine how to provide services to residents and
property in the most efficient and effective manner while balancing the needs and desires of
the Community; Also to establish a more flexible process for adjusting municipal boundaries
and to address a wider range of the effects of annexation and to encourage
intergovernmental coordination in planning, service delivery, and boundary adjustments and
to reduce intergovernmental conflicts and litigation between local governments; Also to
promote sensible boundaries that reduce the costs of local governments, avoid duplicating
local services, and increase political transparency and accountability and to prevent
inefficient service delivery and. an insufficient tax base to support the delivery of services; and
WHEREAS, as defined in the Act's subsection 171.202(7), this resolution is Collier County's
"initiating resolution" to commence the process for negotiating an interlocal service boundary
agreement and which identifies the County's specified unincorporated area and the County's
designated issues for discussion; and
WHEREAS, as defined in the Act's subsection 171.201 (8), an "Interlocal service boundary
agreement" means an agreement adopted pursuant to the Act between a county and one or
more municipalities, and which may include one or more defined independent special districts
as parties to the agreement; and
WHEREAS, as defined in the Act's subsection 171.202(3), the applicable "independent
special districts" are limited to special districts as defined in Section 189.403, Florida
Statutes, and that provide fire, emergency medical, water, wastewater, andlor stormwater
services; and
WHEREAS, the Act's subsection 171.203(2) specifies that within sixty (60) days after receipt
of this initiating resolution, the City of Naples shall adopt its responding resolution, wherein
the City can. identify an additional unincorporated area or incorporated area, or both, for
discussion; Also the City may thereby designate additional issues for negotiation, and
pursuant to the Act's subsection 171.202(15), may designate one other special district; and
WHEREAS, as stated in the Act's subsection 171.203(2)(d), each qualified independent
district that receives the County's initiating resolution can participate in the interlocal service
boundary agreement negotiation process by adopting its resolution indicating such intent; and
WHEREAS, as stated in the Act's subsection 171.203(16), the Act does not authorize one
local government to require another local government to enter into an interlocal service
boundary agreement, but when the process for negotiating an interlocal service boundary
agreement is initiated, the local governments shall negotiate in good faith to the conclusion of
the process established in the Act's Section 171.203; and
WHEREAS, as defined in the Act's subsections 171.202(4) and (5), Collier County is the
"Initiating County" and is also the "Initiating local government;" and
WHEREAS, pursuant to the Act's subsection 171.203(1), the land area to be discussed
pursuant to this process is described herein as the Hole in the Wall Golf Club, which
according to the application for annexation, consists of 204.19 acres, more or less, which
land area is depicted on the map (the "descriptive exhibit") attached to this Resolution as
Exhibit A; and
WHEREAS, pursuant to the Act's subsection 171.203(1), Collier County's designated issues
to be negotiated are listed below in the body of this Resolution; and
WHEREAS, as defined in the Act's subsection 171.202(9), an "invited local government"
means each invited county, municipality, or special district and any other local government
designated as such in an initiating resolution, or is a responding resolution, that invites the
respective local government(s) to participate in negotiating an interlocal service boundary
agreement; and
WHEREAS, Collier County's two (2) "Invited local governments" are the City of Naples (the
County's designated "invited municipality"), and the North Naples Fire Control and Rescue
District, an Independent Special District, as a "Notified local government" or and "invited local
government."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The above WHEREAS clauses are incorporated herein.
2. Collier County, as "the initiating county," hereby designates the City of Naples
as the County's "invited municipality."
3. Collier County, as "the initiating county," hereby notifies the North Naples Fire
Control and Rescue District of this Resolution as a "Notified local government" or and "invited
local government."
4. The County's designated land area, all of which is unincorporated, is described
herein as the Hole in the Wall Golf Club, which land areas, which according to the application
for annexation, consists of 204.19 acres, more or less, and which acreage is depicted on the
map attached to this Resolution as Exhibit A ("the descriptive exhibit"). Based upon the
application for annexation, the legal description of this land area proposed to be annexed into
the City of Naples is:
Lots 23-32: Lots 23 through 32, inclusive, of Naples Improvement Company's
Little Farms, according to the Plat thereof, recorded in Plat Book 2 at page 2,
Public Records of Collier County, Florida, consisting of 187.8 acres, more or less;
AND
Parcel. A: All that part of the West 198 feet of the Southwest 1/4 of the Northwest
1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida
being more particularly described as commencing at the Northwest corner of the
Southwest 1/4 of the Northwest 1/4 of said Section 23; thence North 88047'48"
East along the quarter section line a distance of 34.14 feet to an intersection with
the Easterly top of bank of Gordon River Drainage Ditch, said intersection being
the point of beginning of the parcel herein being described; thence continue
along said quarter section line North 88047'48" East 163.86 feet to an
intersection with the Easterly line of said West 198 feet; thence South 01003'02"
East along said Easterly line a distance of 273.03 feet to an intersection with said
Easterly top of bank of said Drainage Ditch; thence leaving said Easterly line
along said Easterly top of bank of said Ditch on the following (15) described
courses; thence North 53025'20" West 33.78 feet; thence North 31033'28" West
53.27 feet; thence North 04011'51" East 11.28 feet; thence North 47"24'49" East
44.09 feet; thence North 58017'59" West 18.87 feet; thence South 89041'10"
West 10.73 feet; thence North 32014'57" West 8.80 feet; thence North 04043'32"
West 9.48 feet; thence North 20023'31" West 41.72 feet; thence North 51004'36"
West 32.24 feet; thence North 71003'18" West 37.17 feet; thence North 63049'18"
West 18.83 feet; thence North 31013'48" West 21.70 feet; thence North 07"59'10"
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West 9.96 feet; thence North 20035'44" West 29.93 feet to the point of beginning
of the parcel herein described; containing .46 acres of land, more or less;
AND
Parcel B: All that part of the West 198 feet of the Southwest 1/4 of the Northwest
1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida,
being more particularly described as commencing at the Northwest corner of the
Southwest 1/4 of the Northwest 1/4 of said Section 23, thence South 01003'02"
East along the Westerly line of said Southwest 1/4 of said Northwest 1/4 a
distance of 133.83 feet to an intersection with the Southerly line of said
Southwest 1/4 of said Northwest 1/4; thence North 83054'01" East along said
Southerly line a distance of 132.59 feet to an intersection with the Easterly top of
Bank of the Gordon River Drainage ditch, said intersection being the point of
beginning of the parcel herein being described; thence continue along said
Southerly line of said Southwest 1/4 f said Northwest 1/4 North 88054'01" East
65.41 feet to an intersection with the Easterly line if said West 198 feet; thence
North 01003'02" West along said Easterly line a distance of 111.67 feet to an
intersection with said Easterly top of bank of said Drainage Ditch; thence leaving
said Easterly line along top of bank of said Ditch on the following (4) described
courses; thence South 27"00'26" West 21.88 feet; thence South 24005'47" West
46.76 feet; thence South 32001'31" West 25.39 feet; thence South 35032'50"
West 35.89 feet to the point of beginning of the parcel herein described;
containing 3,319 square feet of land, more or less;
AND
Parcel C: All that part of the Southwest 1/4 of the Northwest 1/4 of Section 23,
Township 49 South, Range 25 East, Collier County, Florida, being more
particularly described as commencing at the Northwest corner of the Southwest
1/4 of the Northwest 1/4 of said Section 23, then North 88047'48" East along the
quarter section line a distance of 198.00 feet; thence South 01003'02" East
364.32 Feet to an intersection with the Westerly top of bank of the Gordon River
drainage ditch said intersection being the point of beginning of the parcel herein
being described; thence continue South 01003'02" East 736.41 feet to an
intersection with the Westerly top of Bank of said drainage ditch; thence
Northerly along said top of bank of said ditch on the following (21) described
courses; thence North 13042'35" East 32.39 feet; thence North 26003'47" East
43.29 feet; thence North 51045'44" East 49.62 feet; thence North 24049'56" East
48.02 feet; thence North 07"46'47" East 21.12 feet; thence North 18007'01" West
36.65 feet; thence North 59017'51" West 11.23 feet; thence North 13055'41" West
23.82 feet; thence North 12053'05" East 39.20 feet; thence North 23026'05" West
11.48 feet; thence North 46031 '46" West 9.64 feet; thence North 21012'44" West
81.61 feet; thence North 11017'34" West 41.72 feet; thence North 00016'46" West
52.13 feet; thence North 10022'33" East 35.20 feet; thence North 10015'09" West
31.07 feet; thence North 12045'32" East 27.21 feet; thence North 03005'53" East
25.26 feet; thence North 33051'45" West 21.85 feet; thence North 12019'53" West
136.08 feet; thence North 07"10'32" West 15.60 feet to the point of beginning of
the parcel herein described; containing .69 acres of land, more or less;
AND
Parcel D: All that part of the Northwest 1/4 of the Southwest 1/4 of Section 23,
Township 49 South, Range 25 East, Collier County, Florida, being more
particularly described as commencing at the Northwest corner of the Southwest
1/4 of the North 1/4 of said Section 23; thence South 01003'02" East 1333.83 feet
to the point of beginning of the parcel herein being described; thence South
01004'22", East 126.09 feet to an intersection with the Westerly top of bank of
the Gordon River Drainage Ditch; thence North along the top of the Bank of said
Ditch on the following (2) described courses; thence North 36004'54" East 137.45
feet; thence North 38045'50" East to an intersection with the Southerly line of said
Southwest 1/4 of the Northwest 1/4; thence South 88054'01" West along said
Southerly line a distance of 96.85 Feet to the point of beginning of the parcel
herein described; containing 6,036 square feet of land, more or less.
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5. The County's designated issues for negotiation are any and all issues
concerning service delivery, fiscal responsibilities, and/or boundary adjustments. The
interlocal service boundary agreement issues may include, but need not be limited to, the
following:
a.
b.
c.
following services
including:
Identifying a municipal service area.
Identifying an unincorporated service area.
Identifying the local government responsible for delivery or funding of the
within the municipal service area or the unincorporated service Olrea
1. Public safety
2. Fire, emergency rescue, and medical.
3. Water and wastewater.
4. Road ownership, construction, and maintenance.
5. Conservation, parks, and recreation.
6. Stormwater management and drainage.
7. Garbage/trash collection and recycling.
d. The interlocal service boundary agreement may establish a process and
schedule for annexation of an area within the designated municipal service area, if any,
consistent with the Act's Section 171.205.
e. The interlocal service boundary agreement may establish a process for
land-use decisions consistent with part II of Chapter 163, Florida Statutes, including those
made jointly by the governing bodies of the County and the City of Naples, or allow the City of
Naples to adopt land-use changes consistent with part II of Chapter 163, Florida Statutes, for
other land areas, if any, scheduled to be annexed during the term of years specified in the
interlocal service boundary agreement. If the agreement addresses responsibility for land-
use planning under Chapter 163, Florida Statutes, the agreement may also establish the
procedures for preparing and adopting comprehensive plan amendments, administering land-
development regulations, and issuing development orders.
f. The interlocal service boundary agreement may address other issues
concerning service delivery, including the transfer of services and infrastructure.
g. The interlocal service boundary agreement may provide for the joint use
of facilities and the co location of services.
h. The interlocal service boundary agreement may Include a requirement
for a report to Collier County from the City of Naples of the City's planned service delivery, as
provided in the Act's Section 171.042, or as otherwise may be determined by the Agreement.
i. The interlocal service boundary agreement may establish a process by
which the local government that is responsible for water and wastewater services shall, within
thirty (30) days after any respective annexation of territory, apply for modifications to permits
of the water management district and/or Florida's Department of Environmental Protection
which are necessary to reflect changes in the entity that is responsible for managing surface
water under such permits.
j. As stated in the Act's subsection 171.203(8), in order to ensure that the
health and welfare of the residents affected by annexation will be protected, all fire and
emergency medical services shall be provided by the existing provider of fire and emergency
medical services to the annexed area and remain part of the special district unless Collier
County and the City of Naples reach an agreement, through the interlocal service boundary
agreement or other legally sufficient means, as to which entities shall provide those
emergency services.
6. As stated in the Act's subsections 171.203(1) (a), (b), and (c), the County
Manager shall, by United States certified mail, send copy of this Initiating Resolution (a) to
the City Manager of the City of Naples, (b) to the City Manager of the City of Marco Island, (c)
to the Mayor of Everglades City, and (d) to the Chief Administrative Officer of the North
Naples Fire Control and Rescue District, Chief Michael L. Brown.
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7. This Resolution shall take effect immediately upon adoption.
ADOPTED this J:7M day of .Afoof V"b-rrJ
majority vote favoring adoption.
, 2007 after motion, second and
ATTEST: . , ' i .
DWIGf:l-T''E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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Approved as to form and legal sufficiency:
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